High Hedges Law

As of June 1st 2005 there is now law which should herald a new dawn for homeowners whose homes and gardens have been inflicted over the years by the scourge of leylandia and other evergreen hedges. 

Hedges have historically not been controlled by planning law.  However, it has finally been recognised that the height and intrusiveness of a neighbour’s hedge can blight an adjoining property.  The new law is intended to help resolve disputes by introducing a framework whereby the issue can be settled once negotiations have broken down and without either party having to turn to either solicitors or the courts.

To come within the new rules the hedge must an evergreen or a semi-evergreen hedge and it must be at least 2 metres in height.  A “hedge” is defined as being a line of two or more trees/shrubs.

The new law requires the respective parties firstly to try and seek a solution.  This may take the form of the affected householder trying to talk to their neighbour; writing letters outlining their issues and concerns and an offer to seek a solution via mediation.

If the situation cannot be resolved it will now be possible to apply to your local Council to ask them to intervene.  However, all appropriate steps must be shown to have been attempted before the Council will accept that application.  The Council will charge a non-refundable fee for an application. 

If a Council accepts an application it must then investigate the complaint and has the power to serve a Remedial Notice.  This will detail what action the offending property must take and the penalties for non-compliance.

If you would like a fuller article on the new Act please contact Graham Roberts who will be able to forward one to you.

July 2005